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Part 47 PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONSC1C2C3C4C5C6F1

Contents of this Part

Title

Number

SECTION I – GENERAL RULES ABOUT DETAILED ASSESSMENT
Time when detailed assessment may be carried out47.1
No stay of detailed assessment where there is an appeal47.2
Powers of an authorised court officer47.3
Venue for detailed assessment proceedings47.4
SECTION II – COSTS PAYABLE BY ONE PARTY TO ANOTHER - COMMENCEMENT OF DETAILED ASSESSMENT PROCEEDINGS
Application of this Section47.5
Commencement of detailed assessment proceedings47.6
Period for commencing detailed assessment proceedings47.7
Sanction for delay in commencing detailed assessment proceedings47.8
Points of dispute and consequence of not serving47.9
Procedure where costs are agreed47.10
SECTION III – COSTS PAYABLE BY ONE PARTY TO ANOTHER – DEFAULT PROVISIONS
Default costs certificate47.11
Setting aside a default costs certificate47.12
SECTION IV – COSTS PAYABLE BY ONE PARTY TO ANOTHER – PROCEDURE WHERE POINTS OF DISPUTE ARE SERVED
Optional reply47.13
Detailed assessment hearing47.14
Provisional Assessment47.15
SECTION V – INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE
Power to issue an interim certificate47.16
Final costs certificate47.17
SECTION VI – DETAILED ASSESSMENT PROCEDURE FOR COSTS OF A LSC FUNDED CLIENT OR AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE COMMUNITY LEGAL SERVICE FUND
Detailed assessment procedure where costs are payable out of the community legal service fund47.18
Detailed assessment procedure where costs are payable out of a fund other than the community legal service fund47.19
SECTION VII – COSTS OF DETAILED ASSESSMENT PROCEEDINGS
Liability for costs of detailed assessment proceedings47.20
SECTION VIII – APPEALS FROM AUTHORISED COURT OFFICERS IN DETAILED ASSESSMENT PROCEEDINGS
Right to appeal47.21
Court to hear appeal47.22
Appeal procedure47.23
Powers of court on appeal47.24
  1. SECTION IGeneral Rules about Detailed Assessment
  2. SECTION IICosts Payable by one Party to another – Commencement of Detailed Assessment Proceedings
  3. SECTION IIICosts payable by one Party to another – Default Provisions
  4. SECTION IVCosts payable by one Party to another – Procedure where Points of Dispute are Served
  5. SECTION VInterim Costs Certificate and Final Costs Certificate
  6. SECTION VIDetailed Assessment Procedure for Costs of A LSC Funded Client or , an Assisted Person or Person to Whom Legal Aid is Made Available where Costs are Payable out of the Community Legal Service Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
  7. SECTION VIICosts of Detailed Assessment Proceedings
  8. SECTION VIIIAppeals from Authorised Court Officers in Detailed Assessment Proceedings

Annotations

Textual amendments

F1

Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

Modifications

C1

Pt. 47 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)

C2

Pt. 47 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.29(3) (with rule 1.2)

C3

Pt. 47 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.27(3) (with rule 1.2)

C4

Pt. 47 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 120(3) (with rule 4(1))

C5

Pt. 47 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 224, 225 (with rule 5)

C6

Pt. 47 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 116(3) (with rule 2)